[Congressional Bills 110th Congress]
[From the U.S. Government Publishing Office]
[S. 2326 Introduced in Senate (IS)]
110th CONGRESS
1st Session
S. 2326
To improve the safety of motorcoaches, and for other purposes.
_______________________________________________________________________
IN THE SENATE OF THE UNITED STATES
November 8, 2007
Mr. Brown (for himself and Mrs. Hutchison) introduced the following
bill; which was read twice and referred to the Committee on Commerce,
Science, and Transportation
_______________________________________________________________________
A BILL
To improve the safety of motorcoaches, and for other purposes.
Be it enacted by the Senate and House of Representatives of the
United States of America in Congress assembled,
SECTION 1. SHORT TITLE; TABLE OF CONTENTS.
(a) Short Title.--This Act may be cited as the ``Motorcoach
Enhanced Safety Act of 2007''.
(b) Table of Contents.--The table of contents for this Act is as
follows:
Sec. 1. Short title; table of contents.
Sec. 2. Definitions.
Sec. 3. Regulations for improved occupant protection and motorcoach
crash avoidance.
Sec. 4. Study and report on improved bus crashworthiness and crash
avoidance.
Sec. 5. Improved oversight of providers of motorcoach services and of
other motor carriers of passengers.
Sec. 6. Motorcoach driver training.
Sec. 7. Improved commercial driver's license testing.
Sec. 8. Improved physical fitness oversight and commercial driver
medical certificates.
Sec. 9. Safety enforcement technology to reduce driver fatigue.
Sec. 10. Commercial motor vehicle safety inspection programs.
Sec. 11. Regulations.
SEC. 2. DEFINITIONS.
In this Act:
(1) Advanced glazing.--The term ``advanced glazing'' means
glazing installed in a portal on the side or the roof of a
motorcoach that is designed to be highly resistant to partial
or complete occupant ejection in all types of motor vehicle
crashes.
(2) Bus.--The term ``bus'' has the meaning given such term
in section 571.3(b) of title 49, Code of Federal Regulations
(as in effect on the day before the date of the enactment of
this Act).
(3) Commercial motor vehicle.--The term ``commercial motor
vehicle'' has the meaning given such term in section 31132(1)
of title 49, United States Code.
(4) Manufacturer.--The term ``manufacturer'' has the
meaning given such term in section 30102(a) of title 49, United
States Code.
(5) Motor carrier.--The term ``motor carrier'' has the
meaning given such term in section 13102(14) of title 49,
United States Code.
(6) Motorcoach.--The term ``motorcoach'' has the meaning
given the term ``over-the-road bus'' in section 3038(a)(3) of
the Transportation Equity Act for the 21st Century (Public Law
105-178; 49 U.S.C. 5310 note), but does not include the
following:
(A) Buses used in public transportation provided by
a State or local government.
(B) School buses, including multifunction school
activity buses.
(7) Motorcoach manufacturer.--The term ``motorcoach
manufacturer'' means a manufacturer that manufactures,
assembles, or imports motorcoaches for resale in the United
States.
(8) Motorcoach services.--The term ``motorcoach services''
means passenger transportation by motorcoach for compensation.
(9) Multifunction school activity buses.--The term
``multifunction school activity buses'' has the meaning given
such term in section 571.3(b) of title 49, Code of Federal
Regulations (as in effect on the day before the date of the
enactment of this Act).
(10) Portal.--The term ``portal'' means any opening on the
front, sides, rear, or roof of a motorcoach that could, in the
event of a crash involving the motorcoach, permit the partial
or complete ejection of any occupant from the motorcoach,
including a young child.
(11) Provider of motorcoach services.--The term ``provider
of motorcoach services'' means a motor carrier that provides
passenger transportation services with a motorcoach for
compensation, including per-trip compensation and contracted or
chartered compensation.
(12) Public transportation.--The term ``public
transportation'' has the meaning given such term in section
5302(a)(10) of title 49, United States Code.
(13) Safety belt.--The term ``safety belt'' has the meaning
given such term in section 153(i)(4)(B) of title 23, United
States Code.
(14) Secretary.--The term ``Secretary'' means the Secretary
of Transportation.
SEC. 3. REGULATIONS FOR IMPROVED OCCUPANT PROTECTION AND MOTORCOACH
CRASH AVOIDANCE.
(a) Regulations Required 1 Year After the Date of the Enactment of
This Act.--Not later than 1 year after the date of the enactment of
this Act, the Secretary shall prescribe regulations as follows:
(1) Safety belts.--The Secretary shall require safety belts
be installed in motorcoaches at each designated seating
position.
(2) Anti-ejection safety countermeasures.--The Secretary
shall require motorcoaches have advanced glazing installed in
each motorcoach portal to prevent partial or complete ejection
of passengers of motorcoaches, including such passengers that
are children.
(3) Firefighting equipment.--The Secretary shall require
installation in motorcoaches of improved firefighting equipment
for the purpose of effectively suppressing fires in
motorcoaches to prevent passenger deaths and injuries.
(b) Regulations Required 2 Years After the Date of the Enactment of
This Act.--Not later than 2 years after the date of the enactment of
this Act, the Secretary shall prescribe regulations as follows:
(1) Compartmentalization safety countermeasures.--The
Secretary shall require enhanced compartmentalization safety
countermeasures for motorcoaches, including enhanced seating
designs, to reduce substantially the risk of passengers being
thrown from their seats and colliding with other passengers,
interior surfaces, or components in the event of a crash
involving a motorcoach.
(2) Interior impact protection.--The Secretary shall
establish enhanced occupant impact protection standards for
motorcoach interiors to reduce substantially serious injuries
for all passengers of motorcoaches.
(3) Reduced rollover crashes.--The Secretary shall require
motorcoaches be equipped with stability enhancing technologies,
such as electronic stability control, roll stability control,
and torque vectoring, to reduce substantially the number and
frequency of rollover crashes among motorcoaches.
(4) Roof strength and crush resistance.--The Secretary
shall establish improved roof standards for motorcoaches that
substantially improve the resistance of motorcoach roofs to
deformation and intrusion to prevent serious occupant injury in
rollover crashes involving motorcoaches.
(5) Enhanced conspicuity.--The Secretary shall require
enhanced conspicuity of motorcoaches to enable other motor
vehicle operators, cyclists, and pedestrians to better detect
motorcoaches in order to reduce the risk of collisions
involving motorcoaches.
(6) Smoke suppression.--The Secretary shall amend Federal
motor vehicle safety standard number 302 (49 CFR 571.302;
relating to flammability of interior materials) to require
realistic tests to improve the resistance of motorcoach
interiors and components to burning, prevent inhalation by
passengers of toxic smoke and vapors, and permit sufficient
time for the safe evacuation of passengers from the motorcoach.
(7) Resistance to fuel system fires.--The Secretary shall
amend Federal motor vehicle safety standard number 301 (49 CFR
571.301; relating to fuel system integrity) to require that
motorcoaches have improved fuel systems in order to suppress
fuel-fed fires and substantially reduce occupant deaths and
injuries from fuel fires.
(8) Passenger evacuation.--The Secretary shall require
motorcoaches be equipped with the following:
(A) Improved emergency evacuation designs.--
Improved emergency exit window, door, and roof hatch
designs to expedite access and use by passengers of
motorcoaches to ensure rapid evacuation from a
motorcoach under all emergency circumstances, including
crashes and fires.
(B) Emergency interior lighting.--Emergency
interior lighting systems, including luminescent or
retroreflectorized delineation of evacuation paths and
exits, that are triggered by a crash or other emergency
incidents to accomplish more rapid and effective
evacuation of passengers.
(c) Regulations Required 3 Years After the Date of the Enactment of
This Act.--Not later than 3 years after the date of the enactment of
this Act, the Secretary shall prescribe regulations as follows:
(1) Adaptive cruise control.--Require motorcoaches be
equipped with adaptive cruise control for maintaining safe
trailing distances when underway and a collision warning system
that provides sufficient advance notice to the operator of a
motorcoach of any imminent impact.
(2) Automatic fire suppression.--Require motorcoaches be
equipped with highly effective fire suppression systems that
automatically respond to and suppress all fires in such
motorcoaches.
(d) Application of Regulations.--
(1) Prospective application.--Except as provided in
paragraph (2), a regulation prescribed in accordance with
subsection (a), (b), or (c) shall apply to all motorcoaches
that are manufactured on or after the effective date of such
regulation.
(2) Retrofit safety requirements for in-service
motorcoaches.--
(A) In general.--(i) Except as provided in
subparagraph (B), a regulation prescribed in accordance
with subsection (a)(1) shall apply to all motorcoaches
used for motorcoach services on or after the effective
date of such regulation.
(ii) Except as provided in subparagraph (B), a
regulation prescribed in accordance with subsection
(a)(3) shall apply to all motorcoaches used for
motorcoach services on or after the effective date of
such regulation.
(iii) Except as provided in subparagraph (B), a
regulation prescribed in accordance with subsection
(b)(5) shall apply to all motorcoaches used for
motorcoach services on or after the effective date of
such regulation.
(B) Exception.--In the case of a motorcoach that
was used for motorcoach services before the effective
date of a regulation described in subparagraph (A),
such regulation shall not apply to such motorcoach
until--
(i) 2 years after the effective date of
such regulation; or
(ii) if the Secretary determines that the
application date described in clause (i) would
cause undue hardship, 5 years after the
effective date of such regulation.
SEC. 4. STUDY AND REPORT ON IMPROVED BUS CRASHWORTHINESS AND CRASH
AVOIDANCE.
(a) Study.--Not later than September 30, 2008, the Secretary shall
complete a study of the following, with respect to buses that are more
than 10,000 pounds gross vehicle weigh rating (GVWR):
(1) Bus safety design improvements and countermeasures for
improving bus crashworthiness to achieve substantial
improvements in occupant protection in all types of crashes,
including the following:
(A) Active and passive restraint systems.
(B) Enhanced passenger compartmentalization.
(C) Upper and lower interior occupant impact
protection.
(D) Improved resistance to roof failures leading to
deformation and intrusion that result in occupant
injury.
(E) Improved resistance to occupant partial and
complete ejection.
(F) Improved crash compatibility with other types
and weights of motor vehicles in order to reduce both
the number and severity of crashes and the number and
severity of occupant injuries both in buses and in the
other vehicles.
(2) Crash avoidance improvements to reduce the number and
severity of bus crashes, including the following:
(A) Collision warning systems.
(B) Improved braking capabilities.
(C) Enhanced bus conspicuity.
(D) Increased resistance to loss-of-control
crashes.
(E) Improved resistance to rollover crashes.
(3) Bus fire protection and passenger evacuation
improvements, including the following:
(A) Effective emergency exit design.
(B) Effective emergency evacuation of passengers.
(C) Effective manual and automated fire suppression
systems.
(D) Increased vehicle resistance to fire
propagation, including both exterior and interior
resistance to burning.
(E) Suppression of toxic smoke and vapors in bus
fires.
(F) Resistance to bus fuel system fires.
(G) Training of bus operators in the use of
firefighting equipment and the safe evacuation of
passengers.
(4) Such other occupant protection safety countermeasures
as the Secretary considers appropriate.
(b) Report.--Not later than September 30, 2008, the Secretary shall
submit to the Committee on Commerce, Science, and Transportation of the
Senate and the Committee on Energy and Commerce of the House of
Representatives a report setting forth the findings of the Secretary
with respect to the study required by subsection (a) and
recommendations for legislative and regulatory changes.
SEC. 5. IMPROVED OVERSIGHT OF PROVIDERS OF MOTORCOACH SERVICES AND OF
OTHER MOTOR CARRIERS OF PASSENGERS.
(a) In General.--Section 31144 of title 49, United States Code, is
amended by adding at the end the following:
``(h) Periodic Safety Reviews of Providers of Motorcoach
Services.--
``(1) Safety review.--Not later than 3 years after the date
of the enactment of this subsection, the Secretary shall
require, by regulation, each provider of motorcoach services
registered with the Federal Motor Carrier Safety Administration
on or after the date of the enactment of this subsection to
undergo a periodic safety review.
``(2) Elements of review.--In the regulations prescribed
pursuant to paragraph (1), the Secretary shall establish the
elements of the periodic safety review, including basic safety
management controls.
``(3) Safety fitness ratings.--As part of the safety review
required by this subsection, the Secretary shall assign a
safety fitness rating to each provider of motorcoach services
and shall reassess such rating not less frequently than every 3
years.
``(4) Motorcoach services defined.--In this subsection, the
term `provider of motorcoach services' has the meaning provided
such term in section 2 of the Motorcoach Enhanced Safety Act of
2007.''
(b) Revision of Safety Audit System.--Not later than September 30,
2008, the Secretary shall revise the safety fitness audit system of the
Department of Transportation established pursuant to section 31144 of
title 49, United States Code, to conform with safety recommendation H-
99-6 of the National Transportation Safety Board issued February 26,
1999.
SEC. 6. MOTORCOACH DRIVER TRAINING.
(a) Establishment of Training Curriculum.--
(1) In general.--Not later than 2 years after the date of
the enactment of this Act, the Secretary shall establish, by
regulation, a training curriculum for drivers of motorcoaches
to be adopted by public and private schools and motor carriers
that provide training for drivers of motorcoaches.
(2) Curriculum requirements.--The training curriculum
required by paragraph (1) shall include the following:
(A) Classroom and behind-the-wheel instruction that
is adequate for all new drivers of motorcoaches to
operate safely motorcoaches and respond effectively to
emergency situations.
(B) Instruction in advanced knowledge and skills
that are necessary to operate motorcoaches safely,
including the knowledge and skills necessary--
(i) to suppress motorcoach fires; and
(ii) to evacuate passengers from
motorcoaches safely.
(b) Training Required.--
(1) In general.--The Secretary shall require each
motorcoach driver seeking a commercial driver's license (CDL)
passenger endorsement to undergo a training program that
includes the training curriculum established pursuant to
subsection (a) before taking a test for a commercial driver's
license passenger endorsement.
(2) Certificate of completion required.--The Secretary
shall require that each driver seeking to take the test for the
commercial driver's license passenger endorsement shall present
a certificate to a State licensing authority certifying that
the driver has--
(A) successfully completed a motorcoach driver
training course that includes the curriculum
established in accordance with subsection (a); and
(B) received a passing grade for an examination at
the culmination of such training course.
(c) Report on Feasibility of Establishing a System of Certification
of Training Programs.--Not later than September 30, 2008, the Secretary
shall submit to the Committee on Commerce, Science, and Transportation
of the Senate and the Committee on Transportation and Infrastructure of
the House of Representatives a report on the feasibility of
establishing a system of certification of public and private schools
and of motor carriers that provide motorcoach driver training in
accordance with the curriculum established by the Secretary pursuant to
subsection (a).
SEC. 7. IMPROVED COMMERCIAL DRIVER'S LICENSE TESTING.
(a) Increased Stringency of Examination for Commercial Driver's
License Passenger-Carrying Endorsement.--
(1) In general.--The Secretary shall prescribe standards
that improve the quality and stringency of the examination for
the commercial driver's license passenger-carrying endorsement.
Such standards shall require--
(A) a more stringent knowledge test than the test
in effect on the day before the date of the enactment
of this Act; and
(B) a more stringent examination of the driving
skills necessary to operate safely a commercial motor
vehicle with passengers than the examination of such
skills in effect on the day before the date of the
enactment of this Act.
(2) Cooperation.--In prescribing the standards required by
paragraph (1), the Secretary shall cooperate with the American
Association of Motor Vehicle Administrators.
(b) Modification of Requirements for Commercial Driver's License
Passenger-Carrying Endorsement.--The Secretary shall establish by
regulation a requirement that a driver shall have a commercial driver's
license passenger-carrying endorsement in order to operate a commercial
motor vehicle and transport not less than 9 and not more than 15
passengers (including a driver) in interstate commerce for
compensation.
SEC. 8. IMPROVED PHYSICAL FITNESS OVERSIGHT AND COMMERCIAL DRIVER
MEDICAL CERTIFICATES.
(a) Require Passage of Rigorous Examination To Be Listed in
National Registry of Medical Examiners.--Section 31149(c)(1)(D) of
title 49, United States Code, is amended to read as follows:
``(D) develop, as appropriate, specific courses and
materials for medical examiners who wish to be listed
in the national registry established under this section
and develop a rigorous examination for which a passing
grade must be achieved to be listed in such national
registry;''.
(b) Integration of Federal Medical Qualification Certificate and
Commercial Driver's License.--Not later than 2 years after the date of
the enactment of this Act, the Secretary shall prescribe the
regulations required by section 215 of the Motor Carrier Safety
Improvement Act of 1999 (49 U.S.C. 31305 note).
(c) Medical Examination Form Comparisons.--Not later than 2 years
after the date of the enactment of this Act, the Secretary shall
require by regulation that--
(1) each time a medical examiner performs a medical
examination to certify an applicant for a commercial driver's
license under section 391.43 of title 49, Code of Federal
Regulations, such medical examiner shall submit to the
appropriate State licensing agency the form for such
examination required by section 391.43(f) of such title (as in
effect on the day before the date of the enactment of this
Act); and
(2) as a condition of approval of a State plan under
section 31102(d) of title 49, United States Code (as added by
section 10(b)), State licensing authorities compare the forms
they receive pursuant to paragraph (1) with the medical
examiner's certificate required by section 391.43(g) of title
49, Code of Federal Regulations (as in effect on the day before
the date of the enactment of this Act) to determine the
accuracy and validity of the information contained in such
forms and certificates.
(d) Additional Oversight of Licensing Authorities.--
(1) In general.--Section 31149(c)(1) of title 49, United
States Code, is amended--
(A) in subparagraph (E), by striking ``basis; and''
and inserting ``basis;'';
(B) in subparagraph (F), by striking the period at
the end and inserting ``; and''; and
(C) by adding at the end the following:
``(G) each year, review the licensing authorities
of 10 States to assess the accuracy and validity of
physical examination reports and medical certificates
submitted by certified medical examiners to such State
licensing agencies.''.
(2) Internal oversight policy.--
(A) In general.--Not later than 2 years after the
date of the enactment of this Act, the Secretary shall
establish an oversight policy and process within the
Department of Transportation for purposes of carrying
out the requirement of subparagraph (G) of such section
31149(c)(1), as added by paragraph (1).
(B) Effective date.--The requirement of
subparagraph (G) of section 31149(c)(1) of title 49,
United States Code, shall take effect on the date that
the oversight policies and processes are established
pursuant to subparagraph (A).
(e) Deadline for Establishment of National Registry of Medical
Examiners.--Not later than 1 year after the date of the enactment of
this Act, the Secretary shall establish the national registry of
medical examiners required by section 31149(d)(1) of title 49, United
States Code.
(f) Additional Function of Medical Review Board.--Section
31149(a)(1) of title 49, United States Code, is amended to read as
follows:
``(1) Establishment and function.--The Secretary of
Transportation shall establish a Medical Review Board with the
following functions:
``(A) Providing the Federal Motor Carrier Safety
Administration with medical advice and recommendations
on medical standards and guidelines for the following:
``(i) The physical qualifications of
operators of commercial motor vehicles.
``(ii) Medical examiner education.
``(iii) Medical research.
``(B) Providing the Secretary with advice and
recommendations concerning the criteria to be used for
evaluating medical examiners for admission to the
national registry established under this section.''.
SEC. 9. SAFETY ENFORCEMENT TECHNOLOGY TO REDUCE DRIVER FATIGUE.
(a) In General.--Not later than 1 year after the date of the
enactment of this Act, the Secretary shall prescribe regulations
requiring that all commercial motor vehicles used by a motor carrier in
interstate commerce be equipped with electronic on-board recorders
linked with vehicle engine functions and electronic control modules
that accurately record commercial driver hours of service and provide
real-time tracking of driver and vehicle location.
(b) Applicability.--The regulations prescribed under subsection (a)
shall apply to all commercial motor vehicles used by motor carriers in
interstate commerce beginning on the date that is 3 years after the
date of the enactment of this Act.
SEC. 10. COMMERCIAL MOTOR VEHICLE SAFETY INSPECTION PROGRAMS.
(a) In General.--Section 31142 of title 49, United States Code, is
amended by striking subsections (a) and (b) and inserting the
following:
``(a) Annual Safety Inspection Program.--
``(1) Program required.--In order to receive a grant
pursuant to section 31102 of this title, a State shall carry
out an annual safety inspection program for commercial motor
vehicles, including motor carriers transporting not less than 9
and not more than 15 passengers (including a driver), that
receives approval from the Secretary pursuant to paragraph (3).
``(2) Inspection of safety equipment.--A commercial motor
vehicle inspected under a program established pursuant to
paragraph (1) is required to pass an inspection of all safety
equipment required under the regulations prescribed under
section 31136 of this title.
``(3) Periodic review of state safety inspection
programs.--Not less frequently than once every 3 years, the
Secretary shall review and approve or disapprove each safety
inspection program established pursuant to paragraph (1).
``(b) Regulations for Inspection of Vehicles and Record
Retention.--
``(1) In general.--The Secretary shall prescribe
regulations on Government standards for--
``(A) inspection of commercial motor vehicles under
programs established pursuant to subsection (a); and
``(B) retention by employers of records of such an
inspection.
``(2) Authority.--Regulations prescribed under this
subsection are treated as regulations prescribed under section
31136 of this title.''.
(b) Condition on State Grants.--Section 31102(d) of such title is
amended to read as follows:
``(d) Continuous Evaluation of Plans.--
``(1) In general.--On the basis of reports submitted by a
State motor vehicle safety agency of a State with a plan
approved under this section and the Secretary's own
investigations, the Secretary shall make a continuing
evaluation of the way the State is carrying out the plan. If
the Secretary finds, after notice and opportunity for comment,
the State plan previously approved is not being followed or has
become inadequate to ensure enforcement of the regulations,
standards, or orders, the Secretary shall withdraw approval of
the plan and notify the State.
``(2) Approval of annual commercial motor vehicle
inspection programs.--If, under paragraph (3) of section
31142(a) of this title, the Secretary disapproves of an annual
safety inspection program of a State established pursuant to
paragraph (1) of such section 31142(a), the Secretary shall
withdraw approval of the plan of such State and notify the
State.
``(3) Effective date of plan disapproval.--A State plan
stops being effective under this subsection when notice is
received by the State under this subsection.
``(4) Judicial review.--A State adversely affected by a
withdrawal of approval under this subsection may seek judicial
review under chapter 7 of title 5.
``(5) Retention of jurisdiction.--Notwithstanding a
withdrawal of approval under this subsection, the State may
retain jurisdiction in administrative or judicial proceedings
begun before the withdrawal if the issues involved are not
related directly to the reasons for the withdrawal.''.
(c) Effective Date.--The amendments made by this section shall take
effect 1 year after the date of the enactment of this Act.
SEC. 11. REGULATIONS.
Any standard or regulation prescribed or modified pursuant to this
Act shall be done in accordance with section 553 of title 5, United
States Code.
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